Includes anything or state of things capable of being perceived by the senses. Examples: A person’s reputation, existence of a contract, etc.

Section 179 of Evidence Act, 1975 (NRCD 323): Evidence means testimony, writings, material objects, or other things presented to the senses that are offered to prove the existence or non-existence of a fact.

Section 179 of NRCD 323: The establishment by evidence of a requisite degree of belief concerning a fact in the mind of the tribunal of fact or the court.

1. Evidence is produced by the parties throughout the trial. Proof is determined at the end of the trial.

2. Evidence establishes proof, but proof does not establish evidence

3. Evidence is in the form of tangible objects like documents, weapons, etc, while proof is mental. It is a belief in the mind of the court.

Facts:In a case, the facts are often in dispute, as parties offer their own versions of the facts.

Evidence: They then offer writings, objects, or other materials to the court, to prove the existence or non-existence of a fact.

Proof: This is the effect of the evidence on the mind of the court. In a civil case, the evidence has to cause the court to believe that the existence of a fact is more probable than its non-existence. In a criminal case, the evidence must cause the court to believe, beyond reasonable doubt, that the existence of a fact is more probable than its non-existence.